Maritime Legislation in The United Republic of Tanzania: A Comparative Analysis Between Merchant Shipping Act, 2003 & Maritime Transport Act, 2006

Abstract

This paper provides a comparative analysis of Tanzania's maritime legislation, focusing on the Merchant Shipping Act of 2003 and the Maritime Transport Act of 2006. Both Acts represent key legislative instruments regulating maritime activities in the United Republic of Tanzania, including merchant shipping, maritime safety and transportation. The paper aims to provide a comparative analysis of these Acts by examining their historical context, scope of application, definitions, Ship Registration and Regulatory Authorities. A comparative research design was used in this Study. Stratified random sampling and Purposive sampling techniques were used in the process of selecting suitable respondents. Primary data were collected from MSA, 2003 and MTA, 2006 where secondary data was gathered through questionnaires and interviews. Data analysis also involved legal data analysis techniques by using Respective Acts (MSA, 2003 and MTA, 2006). The paper identifies the areas of inconsistencies between the two Acts and the challenges on application of dual maritime legislation in the United Republic of Tanzania. Recommendations for legal reforms to harmonize and modernize Tanzania’s maritime laws are provided in this paper. This is for having in place standardized and more consistent frameworks, as well as ensuring the dual maritime legislation system in Tanzania remains relevant and in compliance with international rules and standards.

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